Smith v. Whatley

BOLIN, Judge.

Patricia Smith was stopped and searched when her departure from defendant’s clothing store activated a shoplifting warning device. The trial court held the search was unreasonable and awarded plaintiff $350 damages. Defendant appeals and we affirm.

The primary issue is whether, when the store employee admittedly detained and searched plaintiff, the employee had reasonable cause to believe plaintiff had committed a theft of merchandise.

Upon leaving defendant’s store each customer was required to pass through a shoplifting detection device which would activate a signal if a customer…